The new order imposes a 90-day halt on nationals from Iran, Syria, Libya, Somalia, Sudan, and Yemen entering the United States.
It should be noted that Robart’s ruling closely echoes the defense that the Trump administration has offered up for the most recent immigration order, namely, “that the two were substantially different”.
The executive order aimed to temporarily bar entry to most refugees as well as travellers from six Muslim-majority countries. During last year’s presidential campaign, he said a San Diego federal judge overseeing a fraud lawsuit against Trump University was biased because of his Mexican heritage. It temporarily banned travellers from seven mostly Muslim countries in addition to most refugees and took effect immediately, causing chaos and protests at airports across the country and around the globe.
Federal judges will weigh the president’s powers to secure the nation from terrorists against the constitutional rights of foreigners in the United States. Like Watson, Chuang carefully analyzed Trump’s own expressions of animus toward Muslims, concluding that “these statements … continue to explain the religious goal behind the travel ban in the Second Executive Order”.
Chuang, the son of immigrants from Taiwan, served in President Barack Obama’s Department of Homeland Security and on a detail to the State Department.
Republican presidential candidate Donald Trump addresses the Values Voter Summit at the Omni Shoreham September 9, 2016 in Washington, DC.
Another judge in Hawaii struck down both portions of Trump’s travel ban. He concluded, “I think we ought to go back to the first ban and go all the way”. Is it a certainty that the US Supreme Court would take the case? “We’re gonna win it, we’re gonna win it”.
O’Neill Kennedy, communications director of Penn State College Democrats, said she does not look at the travel ban any differently than she had before. As Watson observed, quoting the 1982 case Supreme Court case Larson v. Valente, “the clearest command of the Establishment Clause is that one religious denomination can not be officially preferred over another”. Temporary orders can’t normally be appealed, which means the government may have to wait before trying to undo the Hawaii ruling. He set an expedited hearing schedule to determine if his ruling should be extended.
The president had already vowed to challenge the Hawaii ruling, which he branded an “unprecedented judicial overreach” at a rally shortly after the order was handed down on Wednesday evening. The new executive order, unlike the old, spelled out a list of people who might be granted exemptions, including those seeking to visit or live with family in the United States. A third court, in Washington state, also heard arguments Wednesday.
Trump announced his plan via a press release calling for a “total and complete shutdown of Muslims” entering the U.S.in late 2015. U.S. District Judge Derrick Watson has scheduled a hearing for Wednesday.
The modified ban was created to pass constitutional muster by being narrower and, allegedly, more carefully tailored than the original. But the revised ban still retains the same major problem as the first – only targeting predominantly Muslim countries.